SWAPAN KUMAR SAHA Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) The case has a chequered history.

(2.) The applicant/petitioner, being a Scale 'II Officer of the Bangiya Gramin Vikash Bank (hereinafter referred to as the Bank) filed a writ petition being W.P. No 15456 (W) of 2016 assailing the penalty imposed upon him by the disciplinary authority vide order passed on 5/5/2016, removing him from service and depriving him of his retiral dues.

(3.) Several notices/reminders were issued upon the applicant/petitioner directing him to show cause as to why disciplinary action would not be initiated against him for violation of service regulations and several irregularities detected in his conduct as an officer. Charge sheet was issued against the applicant/petitioner by the Bank on 8/9/2011 and being dissatisfied by the reply of the applicant/petitioner to the charge sheet, a departmental proceeding was initiated against him upon appointing a Presenting Officer and Inquiry Officer. The Inquiry Officer submitted a report holding the applicant/petitioner guilty, which was forwarded to the applicant/petitioner for submission of his reply. The petitioner raised objection to the said inquiry report on the ground that it was forwarded to him by the General Manager in the capacity of the disciplinary authority. The applicant/petitioner superannuated on attaining the normal age of superannuation on 28/2/2015 and though pension was paid to him on his retirement, other retiral dues were withheld.